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2021 DIGILAW 528 (AP)

R. Singaiah v. State Of A. P.

2021-08-10

M.SATYANARAYANA MURTHY

body2021
ORDER : 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “To issue writ of mandamus declaring the action of the respondents in taking steps to dispossess the petitioner from the land an extent of Ac.0-03 cents, Plot bearing No.56 in Sy.No.235/2 situated at Kantheru Village of Tadikonda Mandal, Guntur District, with the following boundaries. East: Bulla Devadanamma property; South: Malluri Venkateswarlu property; West; Panchayat Bazar; North: Panchayat Bazar; without issuing any notice and without following any procedure contemplated under the act as illegal, arbitrary and without jurisdiction and violative of Articles 14, 19(1))(g), 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the said land” 2. The case of the petitioner in brief is that, the petitioner purchased land of an extent of Ac.0-03 cents in Plot bearing No.56 in Sy.No.235/2 situated at Kantheru Village of Tadikonda Mandal, Guntur District and constructed a residential house, paying property tax to the panchayat. It is also contended that, the respondents are trying to dispossess this petitioner from the above said land without following due process of law. The same is questioned before this Court on the ground that the respondents are not competent to interfere with the possession and enjoyment of the land of the petitioner without following due process of law and requested to issue a direction as stated supra. 3. Learned Assistant Government Pleader for Revenue placed on record instructions received from the Tahsildar, Tadikonda Mandal in Rc.No.116/2021-DT dated 09.08.2021 and would contend that, only Ac.0-02 cents was assigned to the vendor of this petitioner by granting D-Form Patta in Sy.No.235 situated at Kantheru Village of Tadikonda Mandal, Guntur District, whereas the petitioner is claiming Ac.0-03 cents. However, sale of the property by the vendor of this petitioner is in violation of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, (Act No. 9 of 1977) and the government reserved it’s right by following appropriate procedure and requested to dismiss the writ petition. 4. As per the material on record, the petitioner purchased the property and constructed a house, paying property tax to the gram panchayat for the house constructed by him in the said property and paying electricity consumption charges to APCPDCL. Thus, the petitioner is in possession and enjoyment of the subject property. 4. As per the material on record, the petitioner purchased the property and constructed a house, paying property tax to the gram panchayat for the house constructed by him in the said property and paying electricity consumption charges to APCPDCL. Thus, the petitioner is in possession and enjoyment of the subject property. Unless the land is resumed by following procedure prescribed under Act No.9 of 1977, the petitioner cannot be dispossessed. Hence, the action of the respondents in attempting to dispossess this petitioner is illegal, arbitrary and the respondents are directed not to dispossess this petitioner without following due process of law, even if the petitioner purchased property by violating the conditions of patta and provisions of A.P.Act No.9 of 1977. 5. In the result, writ petition is allowed, declaring the action of the respondents as illegal and arbitrary, while directing Respondent No.4/Tahsildar not to interfere with the property of the petitioner in land of an extent of Ac.0-03 cents in Plot bearing No.56 in Sy.No.235/2 situated at Kantheru Village of Tadikonda Mandal, Guntur District, except by due process of law. No costs. 6. Consequently, miscellaneous applications pending if any, shall stand closed.